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(영문) 서울남부지방법원 2016.08.26 2016고단2947
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 28, 2016, on March 28, 2016, the Defendant: (a) opened a door that was not corrected for the victim C’s D vehicle parked on the front of Gwanak-gu in Seoul Special Metropolitan City on March 28, 2016; (b) entered the vehicle inside the vehicle; and (c) committed theft with a face value of KRW 400,000 and KRW 100,000 in cash check owned by the victim and KRW 10,000 in the envelope kept on the front of Gwanak-gu in Seoul Special Metropolitan City.

2. Around April 3, 2016, the Defendant attempted to larceny, on April 3, 2016, opened a door that was parked on the victim E in front of the 108 U.S. apartment D, according to the intention of Yeongdeungpo-gu Seoul Metropolitan Government, and attempted to steal money and valuables by entering the vehicle, but the Defendant did not perform such intent on the part of the victim E, who did not correct the F vehicle in front of the 108 U.S. apartment D, but did not commit the attempted theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, G, and E;

1. Reporting on occurrence of a disaster;

1. Protocol and list of police seizure;

1. 112 Reporting case handling table;

1. A report on the results of field identification;

1. Photographs and on-site photograph of the theft-related vehicle;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended punishment in accordance with the sentencing guidelines [type determination] is the scope of the punishment [person who is in charge of special sentencing] mitigation [decision in the sphere of recommendation] mitigation area] [the scope of the recommended punishment] from April to October 10], and the crime of larceny in the former part of Article 37 of the Criminal Act are concurrent crimes between the attempted larceny to which the sentencing guidelines are not applicable and the crime of larceny in the former part of Article 37 of the Criminal Act. Thus, it is limited to the lowest limit of the sentencing range recommended in the sentencing guidelines with respect to the above larceny for which the sentencing guidelines are set.

2. A normal sentence unfavorable to a decision of sentence: The defendant is a same crime;

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